Rajasthan High Court - Jodhpur
Jonesingh vs State Of Rajasthan on 4 March, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1296/2021
Jonesingh S/o Sh. Jagga Singh, Aged About 25 Years, Bag
Khetram Near Balmiki Temple, Jagrawa Ps Jagwawa, Dist.
Ludhiana Punjab. (Presently Lodged In Central Jail, Bikaner).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. V.K. Bhadu
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
04/03/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, abundant caution is being
maintained, while hearing the matters in Court, for the safety of
all concerned.
Heard learned counsel for the parties on S.B. Criminal
Misc. (Suspension of Sentence) Application No.901/2021.
Learned counsel for the appellant submits that the sentence
of similarly situated co-accused, namely Rakesh Kumar S/o Neta
Ram has already been suspended by this Hon'ble Court vide order
dated 14.02.2022 passed in S.B. Criminal Misc. Suspension of
Sentence Application (Appeal) No.03/2022.
Learned counsel further submits that the appellant was
awarded six years imprisonment. He also submits that the
contraband in question is below commercial quantity, thus, the
provisions of Section 37 of the NDPS Act are not applicable.
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(2 of 3) [CRLAS-1296/2021]
In this background and having regard to the entirety of the
facts and circumstances of the case, the sentence of similarly
situated co-accused person has already been suspended by this
Hon'ble Court and also the fact that contraband in question is
below commercial quantity, thus, provisions of Section 37 of the
NDPS Act are not applicable, this Court deems it just and proper
to suspend the substantive sentence awarded to the accused
appellant.
Accordingly, S.B. Criminal (Suspension of Sentence)
Application No. 901/2021 filed under Sec.389 Cr.P.C. is allowed
and it is ordered that the substantive sentence passed by the trial
court vide judgment dated 23.11.2021 in Sessions Case
No.21/2016 against appellant Jonesingh S/o Sh. Jagga Singh
shall remain suspended till final disposal of the aforesaid appeal,
provided he executes a personal bond in the sum of Rs.50,000/-
with two sureties of Rs.25,000/- each to the satisfaction of the
learned trial Judge for his appearance in this Court on 05.04.2022
and whenever ordered to do so, till the disposal of the appeal on
the conditions indicated below:-
1. That he will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellant changes the place of
residence, he will give in writing his changed
address to the trial Court as well as to the counsel
in the High Court.
3. Similarly, if the sureties change their address,
they will give in writing their changed address to
the trial Court.
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(3 of 3) [CRLAS-1296/2021]
The learned trial Court shall keep the record of attendance of
the accused-appellant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
appellant was tried and convicted. A copy of this order shall also
be placed in that file for ready reference. Criminal Misc. file shall
not be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial court. In case the said
accused-appellant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI),J.
60-Zeeshan
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